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2024

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Articles 91 - 103 of 103

Full-Text Articles in Law and Psychology

An Investigation Of Relations Between Developmental Stage, Impulsivity, And False Confessions, Madison G. Gallimore Jan 2024

An Investigation Of Relations Between Developmental Stage, Impulsivity, And False Confessions, Madison G. Gallimore

Graduate Theses, Dissertations, and Problem Reports (ETD)

The current study examined relations between developmental stage, impulsivity, and false confessions. Based on the findings from Tervo-Clemmens et al. (2023), participants were divided into two groups based on age; ages included those who had not yet reached executive functioning maturation (12-to-20-years-old) and those who had reached executive functioning maturation (21-to-37-years-old). Impulsiveness was determined by performance on a delay-discounting task based on Mok et al. (2020) and the Barratt Impulsivity Scale-11 (BIS-11) Self-control subscale. False confessions were measured based on whether participants orally admitted to a minor wrongdoing. All participants experienced the same study procedure. The false confession paradigm utilized …


The Consumer’S Choice To Boycott, Agnes Bresee Jan 2024

The Consumer’S Choice To Boycott, Agnes Bresee

Seattle University Law Review

In the wake of employees losing their jobs upon voicing their political opinions concerning Israel, Harvard and Columbia law students’ job offers being rescinded upon expressing support for Palestine, and the names and social media profiles of individuals who support Palestine being collected and listed on Canary Mission, such backlash may leave many Americans wondering what form of resistance to settler-colonialist apartheid is acceptable in the twenty-first century. Recently, the movement to collectively boycott brands like Starbucks, which sued its Worker’s Union for a tweet expressing support for Palestine; Disney, which donated money to Israel; and McDonald’s, where a location …


A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun Jan 2024

A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun

Seattle University Law Review

In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.


Overseeing The Administrative State, Jill E. Fisch Jan 2024

Overseeing The Administrative State, Jill E. Fisch

Seattle University Law Review

In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …


The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney Jan 2024

The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney

Seattle University Law Review

Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.


A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly Jan 2024

A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly

Seattle University Law Review

After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …


Masculine Vs. Feminine Women: Verdict, Blame, And Punishment Outcomes In The Legal System, Alaina Helmerichs Jan 2024

Masculine Vs. Feminine Women: Verdict, Blame, And Punishment Outcomes In The Legal System, Alaina Helmerichs

College of Graduate Studies: Theses & Dissertations

It is commonly recognized that sentencing disparities exist between men and women who are accused of the same crime—with men often receiving harsher judgements than women. However, research explaining why this disparity exists is incomplete. Research suggests that higher levels of facial masculinity in men is tied to higher levels of criminality (Estrada-Reynolds et al., 2017); however, little research looks at this pattern amongst female defendants. The current study investigated whether the gendered appearance (masculine vs. feminine) of female defendants in different types of cases (child negligence vs. medical malpractice) affects mock jurors’ judgments about verdict, punishment, and internal blame …


Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez Jan 2024

Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez

Seattle University Law Review

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …


Effective Public Health Communication In A Post-Covid-19 America: Lessons From Behavioral Science, Molly J. Walker Wilson Jan 2024

Effective Public Health Communication In A Post-Covid-19 America: Lessons From Behavioral Science, Molly J. Walker Wilson

Lewis & Clark Law Review

As we emerge from the worst of the COVID-19 pandemic, Americans are still reeling from the loss of life, the financial fallout, and the deep divide that continues to characterize our social and political institutions. Public health experts who were tasked with communicating facts and advice to the American public faced a daunting challenge, particularly because three distinct groups of Americans received messages differently. One group of Americans was receptive to scientific findings and amenable to taking recommended precautions. A second group was skeptical about the safety and efficacy of available vaccines, and genuinely confused or suspicious about the source …


I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin Jan 2024

I Hope The Final Judgment’S Fair: Alternative Jurisprudences, Legal Decision-Making, And Justice, Michael L. Perlin

Articles & Chapters

At the core of any legal decision is an assumption that the decision will be “fair,” yet this is an elusive term. A close study of cases involving criminal defendants with mental disabilities shows that many (perhaps most) of the decisions involving this cohort are not “fair” in the contexts of due process and justice. If legal decisions reflect principles such as procedural justice, restorative justice, and therapeutic jurisprudence, the chances of such fairness will be significantly enhanced. This chapter explains why this goal of fairness, in the context of these cases, can never be met absent a consideration of …


Phenotypic Mismatch Between Suspects And Fillers But Not Phenotypic Bias Increases Eyewitness Identifications Of Black Suspects, Jennifer M. Jones, Jacqueline Katzman, Margaret Bull Kovera Jan 2024

Phenotypic Mismatch Between Suspects And Fillers But Not Phenotypic Bias Increases Eyewitness Identifications Of Black Suspects, Jennifer M. Jones, Jacqueline Katzman, Margaret Bull Kovera

Publications and Research

Despite converging evidence that people more closely associate the construct of criminality with Black people who exhibit a more African facial phenotype than Black people who express a more European phenotype, eyewitness researchers have largely ignored phenotypic bias as a potential contributor to the racial disparities in the criminal legal system. If this form of phenotypic bias extends to eyewitness identification tasks, eyewitnesses may be more likely to identify Black suspects with an African rather than European phenotype, regardless of their guilt status. Further, in cases where the witness’s description of the perpetrator does not contain phenotypic information, phenotypic mismatch …


Workaholic Syndrome: Law And Psychology Explore The Far Reach Of The Egg Shell Doctrine, Victoria C. Duke-Dawson Jan 2024

Workaholic Syndrome: Law And Psychology Explore The Far Reach Of The Egg Shell Doctrine, Victoria C. Duke-Dawson

Faculty Articles

For an undertaking an analysis of the implication of stress in the workplace, this article requires a four-part approach. Specifically, Part II explores how workplace stress, commonly known as work-induced stress; coupled with trauma, adaptive responses, and latent psychological conditions trigger workaholic syndrome thereby creating a dysfunctional psychological and physical impairment to the body. This section also outlines how stress activates components in the brain to create what psychologists are now referring to as an injury to the brain. Part III of this article describes the evolution of the eggshell doctrine from inception to the most recent conception, which is …


Justice Via Chat? How Litigants’ Preferences And Attorneys’ Recommendations Influence The Choice To Use Online Dispute Resolution, Andrea C. F. Wolfs, Donna Shestowsky Jan 2024

Justice Via Chat? How Litigants’ Preferences And Attorneys’ Recommendations Influence The Choice To Use Online Dispute Resolution, Andrea C. F. Wolfs, Donna Shestowsky

Psychology Faculty Articles and Research

There is a significant need for empirical evidence concerning how litigants compare and choose between various modalities of online dispute resolution (ODR) and traditional in-person mediation for resolving legal disputes. To fill this need, we examined three potentially relevant psychological factors: (a) baseline attitudes toward in-person, video, and text-based mediation; (b) past communication style used by litigants; and (c) expert advice via attorney recommendations. We utilized a 2 × 3 × 3 design with communication style as a between-subjects variable, mediation modality as a within-subjects variable, and attorney recommendation randomized as either aligning with or differing from the participant’s baseline …